[Code of Federal Regulations] [Title 27, Volume 1, Parts 1 to 199] [Revised as of April 1, 2000] From the U.S. Government Printing Office via GPO Access [CITE: 27CFR4] [Page 14-46] TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS CHAPTER I--BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, DEPARTMENT OF THE TREASURY PART 4--LABELING AND ADVERTISING OF WINE Subpart A--Scope Sec. 4.1 General. 4.2 Territorial extent. 4.3 Forms prescribed. 4.4 Delegations of the Director. Subpart B--Definitions 4.10 Meaning of terms. Subpart C--Standards of Identity for Wine 4.20 Application of standards. 4.21 The standards of identity. 4.22 Blends, cellar treatment, alteration of class or type. 4.23 Varietal (grape type) labeling. 4.24 Generic, semi-generic, and non-generic designations of geographic significance. 4.25 Appellations of origin. 4.25a Appellations of origin. 4.26 Estate bottled. 4.27 Vintage wine. 4.28 Type designations of varietal significance. Subpart D--Labeling Requirements for Wine 4.30 General. 4.32 Mandatory label information. 4.33 Brand names. 4.34 Class and type. 4.35 Name and address. 4.35a Name and address. 4.36 Alcoholic content. 4.37 Net contents. 4.38 General requirements. 4.38a Bottle cartons, booklets and leaflets. 4.39 Prohibited practices. Subpart E--Requirements for Withdrawal of Wine From Customs Custody 4.40 Label approval and release. 4.45 Certificates of origin and identity. 4.46 Certificate of nonstandard fill. Subpart F--Requirements for Approval of Labels of Wine Domestically Bottled or Packed 4.50 Certificates of label approval. 4.51 Exhibiting certificates to Government officials. 4.52 Photoprints. Subpart G--Advertising of Wine 4.60 Application. 4.61 Definitions. 4.62 Mandatory statements. 4.63 Legibility of mandatory information. 4.64 Prohibited practices. 4.65 Comparative advertising. Subpart H--Standards of Fill for Wine 4.70 Application. 4.71 Standard wine containers. 4.72 Standards of fill. 4.73 Metric standards of fill. Subpart I--General Provisions 4.80 Exports. Subpart J--American Grape Variety Names 4.91 List of approved prime names. 4.92 Alternative names permitted for temporary use. 4.93 Approval of grape variety names. Authority: 27 U.S.C. 205, unless otherwise noted. Source: T.D. 6521, 25 FR 13835, Dec. 29, 1960, unless otherwise noted. Editorial Notes: 1. For a document affecting part 4, see the editorial note appearing at the beginning of this chapter. 2. Nomenclature changes to part 4 appear at 65 FR 11890, Mar. 7, 2000. Cross References: Other regulations relating to this part are as follows: 27 CFR Part 1--Basic Permit Requirements Under the Federal Alcohol Administration Act. 27 CFR Part 5--Labeling and Advertising of Distilled Spirits. 27 CFR Part 7--Labeling and Advertising of Malt Beverages. 27 CFR Part 9--American Viticultural Areas. 27 CFR Part 12--Foreign Nongeneric Names of Geographic Significance Used in the Designation of Wines. 27 CFR Part 16--Alcoholic Beverage Health Warning Statement. 27 CFR Part 200--Rules of Practice in Permit Proceedings. 27 CFR Part 240--Wine. 27 CFR Part 250--Liquors and Articles from Puerto Rico and the Virgin Islands. 27 CFR Part 251--Importation of Distilled Spirits, Wines and Beer. 27 CFR Part 252--Exportation of Liquors. Subpart A--Scope Sec. 4.1 General. The regulations in this part relate to the labeling and advertising of wine. [[Page 15]] Sec. 4.2 Territorial extent. This part applies to the several States of the United States, the District of Columbia, and Puerto Rico. Sec. 4.3 Forms prescribed. (a) The appropriate ATF officer is authorized to prescribe all forms required by this part. All of the information called for in each form shall be furnished as indicated by the headings on the form and the instructions on or pertaining to the form. In addition, information called for in each form shall be furnished as required by this part. The form will be filed in accordance with the instructions for the form. (b) Forms may be requested from the ATF Distribution Center, PO Box 5950, Springfield, Virginia 22153-5190, or by accessing the ATF web site (http://www.atf.treas.gov/). [T.D. ATF-92, 46 FR 46911, Sept. 23, 1981, as amended by T.D. ATF-249, 52 FR 5955, Feb. 27, 1987; T.D. 372, 61 FR 20723, May 8, 1996; T.D. ATF- 425, 65 FR 11890, Mar. 7, 2000] Sec. 4.4 Delegations of the Director. Most of the regulatory authorities of the Director contained in this Part 4 are delegated to appropriate ATF officers. These ATF officers are specified in ATF Order 1130.2A, Delegation Order--Delegation of the Director's Authorities in 27 CFR parts 4, 5 and 7, Labeling and Advertising of Wine, Distilled Spirits and Malt Beverages. ATF delegation orders, such as ATF Order 1130.2A, are available to any interested person by mailing a request to the ATF Distribution Center, PO Box 5950, Springfield, Virginia 22150-5190, or by accessing the ATF web site (http://www.atf.treas.gov/). [T.D. ATF-425, 65 FR 11890, Mar. 7, 2000] Subpart B--Definitions Sec. 4.10 Meaning of terms. As used in this part, unless the context otherwise requires, terms shall have the meaning ascribed in this part. Act. The Federal Alcohol Administration Act. Added brandy. Brandy or wine spirits for use in fortification of wine as permitted by internal revenue law. Advertisement. See Sec. 4.61 for meaning of term as used in subpart G of this part. Alcohol. Ethyl alcohol distilled at or above 190 deg. proof. American. The several States, the District of Columbia, and Puerto Rico; ``State'' includes the District of Columbia and Puerto Rico. Appropriate ATF officer. An officer or employee of the Bureau of Alcohol, Tobacco and Firearms (ATF) authorized to perform any functions relating to the administration or enforcement of this part by ATF Order 1130.2A, Delegation Order--Delegation of the Director's Authorities in 27 CFR part 4, 5 and 7, Labeling and Advertising of Wine, Distilled Spirits and Malt Beverages. Bottler. Any person who places wine in containers of four liters or less. (See meaning for ``containers'' and ``packer''.) Brand label. The label carrying, in the usual distinctive design, the brand name of the wine. Container. Any bottle, barrel, cask, or other closed receptacle irrespective of size or of the material from which made for use for the sale of wine at retail. (See meaning for ``bottler'' and ``packer''.) Director. The Director, Bureau of Alcohol, Tobacco and Firearms, the Department of the Treasury, Washington, DC. Gallon. A U.S. gallon of 231 cubic inches of alcoholic beverages at 60 deg.F. Interstate or foreign commerce. Commerce between any State and any place outside thereof, or commerce within any Territory or the District of Columbia, or between points within the same State but through any place outside thereof. Liter or litre. (a) A metric unit of capacity equal to 1,000 cubic centimeters and equivalent to 33.814 U.S. fluid ounces. For purposes of this part, a liter is subdivided into 1,000 milliliters (ml). (b) For purposes of regulation, one liter of wine is defined as that quantity (mass) of wine occupying a one-liter volume at 20 deg.Celsius (68 deg.F). Packer. Any person who places wine in containers in excess of four liters. [[Page 16]] (See meaning for ``container'' and ``bottler''.) Percent or percentage. Percent by volume. Permittee. Any person holding a basic permit under the Federal Alcohol Administration Act. Person. Any individual, partnership, joint-stock company, business trust, association, corporation, or other form of business enterprise, including a receiver, trustee, or liquidating agent, and including an officer or employee of any agency of a State or political subdivision thereof. Pure condensed must. The dehydrated juice or must of sound, ripe grapes, or other fruit or agricultual products, concentrated to not more than 80 deg. (Balling), the composition thereof remaining unaltered except for removal of water. Restored pure condensed must. Pure condensed must to which has been added an amount of water not exceeding the amount removed in the dehydration process. Sugar. Pure cane, beet, or dextrose sugar in dry for containing, respectively, not less than 95 percent of actual sugar calculated on a dry basis. Total solids. The degrees Brix of the dealcoholized wine restored to its original volume. Trade buyer. Any person who is a wholesaler or retailer. United States. The several States, the District of Columbia, and Puerto Rico; the term ``State'' includes the District of Columbia and Puerto Rico. Use of other terms. Any other term defined in the Federal Alcohol Administration Act and used in this part shall have the same meaning assigned to it by the Act. Wine. (a) Wine as defined in section 610 and section 617 of the Revenue Act of 1918 (26 U.S.C. 3036, 3044, 3045) and (b) other alcoholic beverages not so defined, but made in the manner of wine, including sparkling and carbonated wine, wine made from condensed grape must, wine made from other agricultural products than the juice of sound, ripe grapes, initation wine, compounds sold as wine, vermouth, cider, perry, and sake; in each instance only if containing not less than 7 percent, and not more than 24 percent of alcohol by volume, and if for nonindustrial use. [T.D. ATF-48, 43 FR 13532, Mar. 31, 1978, as amended by T.D. ATF-49, 43 FR 19848, May 9, 1978; T.D. ATF-53, 43 FR 37675, Aug. 23, 1978; 44 FR 55838, Sept. 29, 1979; T.D. ATF-66, 45 FR 40544, June 13, 1980; T.D. ATF-94, 46 FR 55095, Nov. 6, 1981; T.D. ATF-299, 55 FR 24988, June 19, 1990; T.D. ATF-425, 65 FR 11891, Mar. 7, 2000] Subpart C--Standards of Identity for Wine Sec. 4.20 Application of standards. The standards of identity for the several classes and types of wine set forth herein shall be applicable to all regulations and permits issued under the act. Whenever any term for which a standard of identity has been established herein is used in any such regulation or permit, such term shall have the meaning assigned to it by such standard of identity. Sec. 4.21 The standards of identity. Standards of identity for the several classes and types of wine set forth in this part shall be as follows: (a) Class 1; grape wine--(1) Grape wine is wine produced by the normal alcoholic fermentation of the juice of sound, ripe grapes (including restored or unrestored pure condensed grape must), with or without the addition, after fermentation, of pure condensed grape must, and with or without added grape brandy or alcohol, but without other addition or abstraction except as may occur in cellar treatment: Provided, That the product may be ameliorated before, during or after fermentation by either of the following methods: (i) By adding, separately or in combination, dry sugar, or such an amount of sugar and water solution as will not increase the volume of the resulting product more than 35 percent; but in no event shall any product so ameliorated have an alcoholic content derived by fermentation, of more than 13 percent by volume, or a natural acid content, if water has been added, of less than 5 parts per thousand, or a total solids content of more than 22 grams per 100 cubic centimeters. [[Page 17]] (ii) By adding, separately or in combination, not more than 20 percent by weight of dry sugar, or not more than 10 percent by weight of water. (iii) In the case of domestic wine, in accordance with 26 U.S.C. 5383. (iv) The maximum volatile acidity, calculated as acetic acid and exclusive of sulfur dioxide is 0.14 gram per 100 mL (20 deg.C) for natural red wine and 0.12 gram per 100 mL (20 deg.C) for other grape wine: Provided, That the maximum volatile acidity for wine produced from unameliorated juice of 28 or more degrees Brix is 0.17 gram per 100 milliliters for red wine and 0.15 gram per 100 milliliters for white wine. Grape wine deriving its characteristic color or lack of color from the presence or absence of the red coloring matter of the skins, juice, or pulp of grapes may be designated as ``red wine,'' ``pink (or rose) wine,'' ``amber wine,'' or ``white wine'' as the case may be. Any grape wine containing no added grape brandy or alcohol may be further designated as ``natural.'' (2) Table wine is grape wine having an alcoholic content not in excess of 14 percent by volume. Such wine may also be designated as ``light wine,'' ``red table wine,'' ``light white wine,'' ``sweet table wine,'' etc., as the case may be. (3) Dessert wine is grape wine having an alcoholic content in excess of 14 percent but not in excess of 24 percent by volume. Dessert wine having the taste, aroma and characteristics generally attributed to sherry and an alcoholic content, derived in part from added grape brandy or alcohol, of not less than 17 percent by volume, may be designated as ``sherry''. Dessert wines having the taste, aroma and characteristics generally attributed to angelica, madeira, muscatel and port and an alcoholic content, derived in part from added grape brandy or alcohol, of not less than 18 percent by volume, may be designated as ``angelica,'' ``madeira,'' ``muscatel,'' or ``port'' respectively. Dessert wines having the taste, aroma, and characteristics generally attributed to any of the above products and an alcoholic content, derived in part from added grape brandy or alcohol, in excess of 14 percent by volume but, in the case of sherry, less than 17 percent, or, in other cases, less than 18 percent by volume, may be designated as ``light sherry,'' ``light angelica,'' ``light madeira,'' ``light muscatel'' or ``light port,'' respectively. (b) Class 2; sparkling grape wine. (1) Sparkling grape wine (including ``sparkling wine,'' ``sparkling red wine'' and ``sparkling white wine'') is grape wine made effervescent with carbon dioxide resulting solely from the fermentation of the wine within a closed container, tank or bottle. (2) Champagne is a type of sparkling light wine which derives its effervescence solely from the secondary fermentation of the wine within glass containers of not greater than one gallon capacity, and which possesses the taste, aroma, and other characteristics attributed to champagne as made in the champagne district of France. (3)(i) A sparkling light wine having the taste, aroma, and characteristics generally attributed to champagne but not otherwise conforming to the standard for ``champagne'' may, in addition to but not in lieu of the class designation ``sparkling wine,'' be further designated as: (A) ``champagne style;'' or (B) ``champagne type;'' or (C) ``American (or New York State, Napa Valley, etc.) champagne,'' along with one of the following terms: ``Bulk process,'' ``fermented outside the bottle,'' ``secondary fermentation outside the bottle,'' ``secondary fermentation before bottling,'' ``not fermented in the bottle,'' or ``not bottle fermented.'' The term ``charmat method'' or ``charmat process'' may be used as additional information. (ii) Labels shall be so designed that all the words in such further designation are readily legible under ordinary conditions and are on a contrasting background. In the case of paragraph (b)(3)(i)(C) of this section, ATF will consider whether the label as a whole provides the consumer with adequate information about the method of production and origin of the wine. ATF will evaluate each label for legibility and clarity, based on such factors as type size and style for all components of the further designation and the optional term ``charmat method'' or [[Page 18]] ``charmat process,'' as well as the contrast between the lettering and its background, and the placement of information on the label. (iii) Notwithstanding the provisions of paragraphs (b)(3)(i)(A), (B) and (C) of this section, the appropriate ATF officer may authorize the use of a term on sparkling wine labels, as an alternative to those terms authorized in paragraph (b)(3)(i) of this section, but not in lieu of the required class designation ``sparkling wine,'' upon a finding that such term adequately informs the consumer about the method of production of the sparkling wine. (4) Crackling wine, petillant wine, frizzante wine (including cremant, perlant, reciotto, and other similar wine) is sparkling light wine normally less effervescent than champagne or other similar sparkling wine, but containing sufficient carbon dioxide in solution to produce, upon pouring under normal conditions, after the disappearance of air bubbles, a slow and steady effervescence evidenced by the formation of gas bubbles flowing through the wine. Crackling wine which derives its effervescence from secondary fermentation in containers greater than 1-gallon capacity shall be designated ``crackling wine-- bulk process,'' and the words ``bulk process'' shall appear in lettering of substantially the same size as the words ``crackling wine.'' (c) Class 3; carbonated grape wine. ``Carbonated grape wine'' (including ``carbonated wine,'' ``carbonated red wine,'' and ``carbonated white wine'') is grape wine made effervescent with carbon dioxide other than that resulting solely from the secondary fermentation of the wine within a closed container, tank or bottle. (d) Class 4; citrus wine. (1)(i) Citrus wine or citrus fruit wine is wine produced by the normal alcoholic fermentation of the juice of sound, ripe citrus fruit (including restored or unrestored pure condensed citrus must), with or without the addition, after fermentation, of pure condensed citrus must, and with or without added citrus brandy or alcohol, but without any other addition or abstraction except as may occur in cellar treatment: Provided, That a domestic product may be ameliorated or sweetened in accordance with the provisions of 26 U.S.C. 5384 and any product other than domestic may be ameliorated before, during, or after fermentation by adding, separately or in combination, dry sugar, or such an amount of sugar and water solution as will not increase the volume of the resulting product more than 35 percent, but in no event shall any product so ameliorated have an alcoholic content, derived by fermentation, of more than 13 percent by volume, or a natural acid content, if water has been added, of less than 5 parts per thousand, or a total solids content of more than 22 grams per 100 cubic centimeters. (ii) The maximum volatile acidity, calculated as acetic acid and exclusive of sulfur dioxide, shall not be, for natural citrus wine, more than 0.14 gram, and for other citrus wine, more than 0.12 gram, per 100 milliliters (20 deg.C.). (iii) Any citrus wine containing no added brandy or alcohol may be further designated as ``natural.'' (2) Citrus table wine or citrus fruit table wine is citrus wine having an alcoholic content not in excess of 14 percent by volume. Such wine may also be designated ``light citrus wine,'' ``light citrus fruit wine,'' ``light sweet citrus fruit wine,'' etc., as the case may be. (3) Citrus dessert wine or citrus fruit dessert wine is citrus wine having an alcoholic content in excess of 14 percent but not in excess of 24 percent by volume. (4) Citrus wine derived wholly (except for sugar, water, or added alcohol) from one kind of citrus fruit, shall be designated by the word ``wine'' qualified by the name of such citrus fruit, e.g., ``orange wine,'' ``grapefruit wine.'' Citrus wine not derived wholly from one kind of citrus fruit shall be designated as ``citrus wine'' or ``citrus fruit wine'' qualified by a truthful and adequate statement of composition appearing in direct conjunction therewith. Citrus wine rendered effervescent by carbon dioxide resulting solely from the secondary fermentation of the wine within a closed container, tank, or bottle shall be further designated as ``sparkling''; and citrus wine rendered effervescent by carbon dioxide otherwise derived shall be further designated as ``carbonated.'' [[Page 19]] (e) Class 5; fruit wine. (1)(i) Fruit wine is wine (other than grape wine or citrus wine) produced by the normal alcoholic fermentation of the juice of sound, ripe fruit (including restored or unrestored pure condensed fruit must), with or without the addition, after fermentation, of pure condensed fruit must, and with or without added fruit brandy or alcohol, but without other addition or abstraction except as may occur in cellar treatment: Provided, That a domestic product may be ameliorated or sweetened in accordance with the provisions of 26 U.S.C. 5384 and any product other than domestic may be ameliorated before, during, or after fermentation by adding, separately or in combination, dry sugar, or such an amount of dry sugar and water solution as will increase the volume of resulting product, in the case of wines produced from any fruit or berry other than grapes, having a normal acidity of 20 parts or more per thousand, not more than 60 percent, but in no event shall any product so ameliorated have an alcoholic content, derived by fermentation, of more than 13 percent by volume, or a natural acid content, if water has been added, of less than 5 parts per thousand, or a total solids content of more than 22 grams per 100 cubic centimeters. (ii) The maximum volatile acidity, calculated as acetic acid and exclusive of sulfur dioxide, shall not be, for natural fruit wine, more than 0.14 gram, and for other fruit wine, more than 0.12 gram, per 100 milliliters (20 deg.C.). (iii) Any fruit wine containing no added brandy or alcohol may be further designated as ``natural.'' (2) Berry wine is fruit wine produced from berries. (3) Fruit table wine or berry table wine is fruit or berry wine having an alcoholic content not in excess of 14 percent by volume. Such wine may also be designated ``light fruit wine,'' or ``light berry wine.'' (4) Fruit dessert wine or berry dessert wine is fruit or berry wine having an alcoholic content in excess of 14 percent but not in excess of 24 percent by volume. (5) Fruit wine derived wholly (except for sugar, water, or added alcohol) from one kind of fruit shall be designated by the word ``wine'' qualified by the name of such fruit, e.g., ``peach wine,'' ``blackberry wine.'' Fruit wine not derived wholly from one kind of fruit shall be designated as ``fruit wine'' or ``berry wine,'' as the case may be, qualified by a truthful and adequate statement of composition appearing in direct conjunction therewith. Fruit wines which are derived wholly (except for sugar, water, or added alcohol) from apples or pears may be designated ``cider'' and ``perry,'' respectively, and shall be so designated if lacking in vinous taste, aroma, and characteristics; however, the term ``hard cider'' may not be used to designate any fruit wine; it may only be used to designate hard cider as defined in part 24 of this chapter. Fruit wine rendered effervescent by carbon dioxide resulting solely from the secondary fermentation of the wine within a closed container, tank, or bottle shall be further designated as ``sparkling''; and fruit wine rendered effervescent by carbon dioxide otherwise derived shall be further designated as ``carbonated.'' (f) Class 6; wine from other agricultural products. (1)(i) Wine of this class is wine (other than grape wine, citrus wine, or fruit wine) made by the normal alcoholic fermentation of sound fermentable agricultural products, either fresh or dried, or of the restored or unrestored pure condensed must thereof, with the addition before or during fermentation of a volume of water not greater than the minimum necessary to correct natural moisture deficiencies in such products, with or without the addition, after fermentation, of pure condensed must, and with or without added alcohol or such other spirits as will not alter the character of the product, but without other addition or abstraction except as may occur in cellar treatment: Provided, That a domestic product may be ameliorated or sweetened in accordance with part 24, of this chapter, and any product other than domestic may be ameliorated before, during, or after fermentation by adding, separately or in combination, dry sugar or such an amount of sugar and water solution as will not increase the volume of the resulting product more than 35 percent, but in no event shall any product so ameliorated have [[Page 20]] an alcoholic content, derived by fermentation of more than 13 percent by volume, or a natural acid content, if water has been added, of less than 5 parts per thousand, or a total solids content of more than 22 grams per 100 cubic centimeters. (ii) The maximum volatile acidity, calculated as acetic acid and exclusive of sulfur dioxide, shall not be, for natural wine of this class, more than 0.14 gram, and for other wine of this class, more than 0.12 gram, per 100 milliliters (20 deg.C.). (iii) Wine of this class containing no added alcohol or other spirits may be further designated as ``natural''. (2) Table wine of this class is wine having an alcoholic content not in excess of 14 percent by volume. Such wine may also be designated as ``light''. (3) Dessert wine of this class is wine having an alcoholic content in excess of 14 percent but not in excess of 24 percent by volume. (4) Raisin wine is wine of this class made from dried grapes. (5) Sake is wine of this class produced from rice in accordance with the commonly accepted method of manufacture of such product. (6) Wine of this class derived wholly (except for sugar, water, or added alcohol) from one kind of agricultural product shall except in the case of ``sake,'' be designated by the word ``wine'' qualified by the name of such agricultural product, e.g., ``honey wine,'' ``raisin wine,'' ``dried blackberry wine.'' Wine of this class not derived wholly from one kind of agricultural product shall be designated as ``wine'' qualified by a truthful and adequate statement of composition appearing in direct conjunction therewith. Wine of this class rendered effervescent by carbon dioxide resulting solely from the secondary fermentation of wine within a closed container, tank, or bottle shall be further designated as ``sparkling''; and wine of this class rendered effervescent by carbon dioxide otherwise derived shall be further designated as ``carbonated.'' (g) Class 7; aperitif wine. (1) Aperitif wine is wine having an alcoholic content of not less than 15 percent by volume, compounded from grape wine containing added brandy or alcohol, flavored with herbs and other natural aromatic flavoring materials, with or without the addition of caramel for coloring purposes, and possessing the taste, aroma, and characteristics generally attributed to aperitif wine and shall be so designated unless designated as ``vermouth'' under paragraph (g)(2) of this section. (2) Vermouth is a type of aperitif wine compounded from grape wine, having the taste, aroma, and characteristics generally attributed to vermouth, and shall be so designated. (h) Class 8; imitation and substandard or other than standard wine. (1) ``Imitation wine'' shall bear as a part of its designation the word ``imitation,'' and shall include: (i) Any wine containing synthetic materials. (ii) Any wine made from a mixture of water with residue remaining after thorough pressing of grapes, fruit, or other agricultural products. (iii) Any class or type of wine the taste, aroma, color, or other characteristics of which have been acquired in whole or in part, by treatment with methods or materials of any kind (except as permitted in Sec. 4.22(c)(6)), if the taste, aroma, color, or other characteristics of normal wines of such class or type are acquired without such treatment. (iv) Any wine made from must concentrated at any time to more than 80 deg. (Balling). (2) ``Substandard wine'' or ``other than standard wine'' shall bear as a part of its designation the word ``substandard,'' and shall include: (i) Any wine having a volatile acidity in excess of the maximum prescribed therefor in Secs. 4.20 to 4.25. (ii) Any wine for which no maximum volatile acidity is prescribed in Secs. 4.20 to 4.25, inclusive, having a volatile acidity, calculated as acetic acid and exclusive of sulfur dioxide, in excess of 0.14 gram per 100 milliliters (20 deg.C.). (iii) Any wine for which a standard of identity is prescribed in this Secs. 4.20 to 4.25, inclusive, which, through disease, decomposition, or otherwise, fails to have the composition, color, and clean vinous taste and aroma of normal wines conforming to such standard. [[Page 21]] (iv) Any ``grape wine'' ``citrus wine,'' ``fruit wine,'' or ``wine from other agricultural products'' to which has been added sugar and water solution in an amount which is in excess of the limitations prescribed in the standards of identity for these products, unless, in the case of ``citrus wine,'' ``fruit wine'' and ``wine from other agricultural products'' the normal acidity of the material from which such wine is produced is 20 parts or more per thousand and the volume of the resulting product has not been increased more than 60 percent by such addition. (i) Class 9; retsina wine. ``Retsina wine'' is grape table wine fermented or flavored with resin. [T.D. 6521, 25 FR 13835, Dec. 29, 1960, as amended by T.D. 6776, 29 FR 16985, Dec. 11, 1964; T.D. 7185, 37 FR 7975, Apr. 22, 1972; T.D. ATF-48, 44 FR 55839, Sept. 28, 1979; T.D. ATF-299, 55 FR 24988, June 19, 1990; T.D. ATF-312, 56 FR 31076, July 9, 1991; T.D. ATF-335, 58 FR 5615, Jan. 22, 1993; T.D. ATF-355, 59 FR 14553, Mar. 29, 1994; T.D. 372, 61 FR 20723, May 8, 1996; T.D. ATF-398, 63 FR 44782, Aug. 21, 1998; T.D. ATF- 403, 64 FR 50252, Sept. 16, 1999] Cross Reference: For regulations relating to fortified wine, see part 240 of this chapter. Sec. 4.22 Blends, cellar treatment, alteration of class or type. (a) If the class or type of any wine shall be altered, and if the product as so altered does not fall within any other class or type either specified in Secs. 4.20 through 4.25 or known to the trade, then such wine shall, unless otherwise specified in this section, be designated with a truthful and adequate statement of composition in accordance with Sec. 4.34. (b) Alteration of class or type shall be deemed to result from any of the following occurring before, during, or after production. (1) Treatment of any class or type of wine with substances foreign to such wine which remain therein: Provided, That the presence in finished wine of not more than 350 parts per million of total sulfur dioxide, or sulphites expressed as sulfur dioxide, shall not be precluded under this paragraph. (2) Treatment of any class or type of wine with substances not foreign to such wine but which remain therein in larger quantities than are naturally and normally present in other wines of the same class or type not so treated. (3) Treatment of any class or type of wine with methods or materials of any kind to such an extent or in such manner as to affect the basic composition of the wine so treated by altering any of its characteristic elements. (4) Blending of wine of one class with wine of another class or the blending of wines of different types within the same class. (5) Treatment of any class or type of wine for which a standard of identity is prescribed in this article with sugar or water in excess of the quantities specifically authorized by such standard: Provided, That the class or type thereof shall not be deemed to be altered: (i) Where such wine (other than grape wine) is derived from fruit, or other agricultural products, having a high normal acidity, if the total solids content is not more than 22 grams per 100 cubic centimeters, and the content of natural acid is not less than 7.5 parts per thousand and (ii) Where such wine is derived exclusively from fruit, or other agricultural products, the normal acidity of which is 20 parts or more per thousand, if the volume of the resulting product has been increased not more than 60 percent by the addition of sugar and water solution, for the sole purpose of correcting natural deficiencies due to such acidity, and (except in the case of such wine when produced from fruit or berries other than grapes) there is stated as part of the class and type designation the phrase ``Made with over 35 percent sugar solution''. (c) Nothing in this section shall preclude the treatment of wine of any class or type in the manner hereinafter specified, provided such treatment does not result in the alteration of the class or type of the wine under the provisions of paragraph (b) of this section. (1) Treatment with filtering equipment, and with fining or sterilizing agents. (2) Treatment with pasteurization as necessary to perfect the wines to commercial standards in accordance with acceptable cellar practice but only in such a manner and to such an extent as not to change the basic composition of [[Page 22]] the wine nor to eliminate any of its characteristic elements. (3) Treatment with refrigeration as necessary to perfect the wine to commercial standards in accordance with acceptable cellar practice but only in such a manner and to such an extent as not to change the basic composition of the wine nor to eliminate any of its characteristic elements. (4) Treatment with methods and materials to the minimum extent necessary to correct cloudiness, precipitation, or abnormal color, odor, or flavor developing in wine. (5) Treatment with constituents naturally present in the kind of fruit or other agricultural product from which the wine is produced for the purpose of correcting deficiencies of these constituents, but only to the extent that such constituents would be present in normal wines of the same class or type not so treated. (6) Treatment of any class or type of wine involving the use of volatile fruit-flavor concentrates in the manner provided in section 5382 of the Internal Revenue Code. (7) Notwithstanding the provisions of Sec. 4.21(b) (1), (2) and (4), (c), (d)(4), (e)(5), and (f)(6) carbon dioxide may be used to maintain counterpressure during the transfer of finished sparkling wines from (i) bulk processing tanks to bottles, or (ii) bottle to bottle: Provided, That the carbon dioxide content of the wine shall not be increased by more than 0.009 gm. per 100 ml. during the transfer operation. [T.D. 6521, 25 FR 13835, Dec. 29, 1960, as amended by T.D. 6776, 29 FR 16985, Dec. 11, 1964; T.D. 7185, 37 FR 7976, Apr. 22, 1972; T.D. ATF- 403, 64 FR 50253, Sept. 16, 1999] Sec. 4.23 Varietal (grape type) labeling. (a) General. The names of one or more grape varieties may be used as the type designation of a grape wine only if the wine is also labeled with an appellation of origin as defined in Sec. 4.25a. (b) One variety. Except as provided in paragraph (c) of this section, the name of a single grape variety may be used as the type designation if not less than 75 percent of the wine is derived from grapes of that variety, the entire 75 percent of which was grown in the labeled appellation of origin area. (c) Exceptions. (1) Wine made from any Vitis labrusca variety (exclusive of hybrids with Vitis labrusca parentage) may be labeled with the variety name if: (i) Not less than 51 percent of the wine is derived from grapes of the named variety; (ii) The statement ``contains not less than 51 percent (name of variety)'' is shown on the brand label, back label, or a separate strip label, (except that this statement need not appear if 75 percent or more of the wine is derived from grapes of the named variety); and (iii) The entire qualifying percentage of the named variety was grown in the labeled appellation of origin area. (2) Wine made from any variety of any species found by the appropriate ATF officer upon appropriate application to be too strongly flavored at 75 percent minimum varietal content may be labeled with the varietal name if: (i) Not less than 51 percent of the wine is derived from grapes of that variety; (ii) The statement ``contains not less than 51 percent (name of variety)'' is shown on the brand label, back label, or a separate strip label (except that this statement need not appear if 75 percent or more of the wine is derived from grapes of the named variety); and (iii) The entire qualifying percentage of the named variety was grown in the labeled appellation of origin area. (d) Two or more varieties. The names of two or more grape varieties may be used as the type designation if: (1) All of the grapes used to make the wine are of the labeled varieties; (2) The percentage of the wine derived from each variety is shown on the label (with a tolerance of plus or minus 2 percent); and (3)(i) If labeled with a multicounty appellation of origin, the percentage of the wine derived from each variety from each county is shown on the label; or (ii) If labeled with a multistate appellation of origin, the percentage of the wine derived from each variety from each state is shown on the label. (e) List of approved variety names. Effective February 7, 1996, the name of a grape variety may be used as a type [[Page 23]] designation for an American wine only if that name has been approved by the Director. A list of approved grape variety names appears in subpart J of this part. [T.D. ATF-370, 61 FR 538, Jan. 8, 1996] Sec. 4.24 Generic, semi-generic, and non-generic designations of geographic significance. (a)(1) A name of geographic significance which is also the designation of a class or type of wine, shall be deemed to have become generic only if so found by the appropriate ATF officer. (2) Examples of generic names, originally having geographic significance, which are designations for a class or type of wine are: Vermouth, Sake. (b)(1) A name of geographic significance, which is also the designation of a class or type of wine, shall be deemed to have become semi-generic only if so found by the appropriate ATF officer. Semi- generic designations may be used to designate wines of an origin other than that indicated by such name only if there appears in direct conjunction therewith an appropriate appellation of origin disclosing the true place of origin of the wine, and if the wine so designated conforms to the standard of identity, if any, for such wine contained in the regulations in this part or, if there be no such standard, to the trade understanding of such class or type. See Sec. 24.257(c) of this chapter for exceptions to the appropriate ATF officer's authority to remove names from paragraph (b)(2) of this section. (2) Examples of semi-generic names which are also type designations for grape wines are Angelica, Burgundy, Claret, Chablis, Champagne, Chianti, Malaga, Marsala, Madeira, Moselle, Port, Rhine Wine (syn. Hock), Sauterne, Haut Sauterne, Sherry, Tokay. (c)(1) A name of geographic significance, which has not been found by the appropriate ATF officer to be generic or semi-generic may be used only to designate wines of the origin indicated by such name, but such name shall not be deemed to be the distinctive designation of a wine unless the Director finds that it is known to the consumer and to the trade as the designation of a specific wine of a particular place or region, distinguishable from all other wines. (2) Examples of nongeneric names which are not distinctive designations of specific grape wines are: American, California, Lake Erie, Napa Valley, New York State, French, Spanish. Additional examples of foreign nongeneric names are listed in subpart C of part 12 of this chapter. (3) Examples of nongeneric names which are also distinctive designations of specific grape wines are: Bordeaux Blanc, Bordeaux Rouge, Graves, Medoc, Saint-Julien, Chateau Yquem, Chateau Margaux, Chateau Lafite, Pommard, Chambertin, Montrachet, Rhone, Liebfraumilch, Rudesheimer, Forster, Deidesheimer, Schloss Johannisberger, Lagrima, and Lacryma Christi. A list of foreign distinctive designations, as determined by the Director, appears in subpart D of part 12 of this chapter. [T.D. 6521, 25 FR 13835, Dec. 29, 1960, as amended by T.D. ATF-296, 55 FR 17967, Apr. 30, 1990; T.D. ATF-398, 63 FR 44783, Aug. 21, 1998; T.D. ATF-425, 65 FR 11890, 11891, Mar. 7, 2000] Sec. 4.25 Appellations of origin. (a) A wine shall be entitled to an appellation of origin if (1) at least 75 percent of its volume is derived from fruit or agricultural products grown in the place or region indicated by such appellation, (2) it has been fully manufactured and finished within the State in which such place or region is located, and (3) it conforms to the requirements of the laws and regulations of such place or region governing the composition, method of manufacture, and designation of wines for home consumption. (b) Wines subjected to cellar treatment outside the place or region of origin under the provisions of Sec. 4.22(c), and blends of wines of the same origin blended together outside the place or region of origin (if all the wines in the blend have a common class, type or other designation which is employed as the designation of the blend) shall be entitled to the same appellation of origin to which they would be entitled if such cellar treatment or blending took place within the place or region of origin. [[Page 24]] (c) This section does not apply after December 31, 1982. [T.D. 6521, 25 FR 13835, Dec. 29, 1960, as amended by T.D. 7185, 37 FR 7976, Apr. 22, 1972; T.D. ATF-201, 50 FR 12533, Mar. 29, 1985] Sec. 4.25a Appellations of origin. (a) Definition--(1) American wine. An American appellation of origin is: (i) The United States; (ii) a State; (iii) two or no more than three States which are all contiguous; (iv) a county (which must be identified with the word ``county'', in the same size of type, and in letters as conspicuous as the name of the county); (v) two or no more than three counties in the same States; or (vi) a viticultural area (as defined in paragraph (e) of this section). (2) Imported wine. An appellation of origin for imported wine is: (i) A country, (ii) a state, province, territory, or similar political subdivision of a country equivalent to a state or county; or (iii) a viticultural area. (b) Qualification--(1) American wine. An American wine is entitled to an appellation of origin other than a multicounty or multistate appellation, or a viticultural area, if: (i) At least 75 percent of the wine is derived from fruit or agricultural products grown in the appellation area indicated; (ii) it has been fully finished (except for cellar treatment pursuant to Sec. 4.22(c), and blending which does not result in an alteration of class or type under Sec. 4.22(b)) in the United States, if labeled ``American''; or, if labeled with a State appellation, within the labeled State or an adjacent State; or if labeled with a county appellation, within the State in which the labeled county is located; and (iii) it conforms to the laws and regulations of the named appellation area governing the composition, method of manufacture, and designation of wines made in such place. (2) Imported wine. An imported wine is entitled to an appellation of origin other than a viticultural area if: (i) At least 75 percent of the wine is derived from fruit or agricultural products grown in the area indicated by the appellation of origin; and (ii) The wine conforms to the requirements of the foreign laws and regulations governing the composition, method of production, and designation of wines available for consumption within the country of origin. (c) Multicounty appellations. An appellation of origin comprising two or no more than three counties in the same State may be used if all of the fruit or other agricultural products were grown in the counties indicated, and the percentage of the wine derived from fruit or other agricultural products grown in each county is shown on the label with a tolerance of plus or minus two percent. (d) Multistate appellation. An appelation of origin comprising two or no more than three States which are all contiguous may be used, if: (1) All of the fruit or other agricultural products were grown in the States indicated, and the percentage of the wine derived from fruit or other agricultural products grown in each State is shown on the label with a tolerance of plus or minus two percent; (2) it has been fully finished (except for cellar treatment pursuant to Sec. 4.22(c), and blending which does not result in an alteration of class or type under Sec. 4.22(b)) in one of the labeled appellation States; (3) it conforms to the laws and regulations governing the composition, method of manufacture, and designation of wines in all the States listed in the appellation. (e) Viticultural area--(1) Definition--(i) American wine. A delimited grape growing region distinguishable by geographical features, the boundaries of which have been recognized and defined in part 9 of this chapter. (ii) Imported wine. A delimited place or region (other than an appellation defined in paragraph (a)(2)(i) or (a)(2)(ii)) the boundaries of which have been recognized and defined by the country of origin for use on labels of wine available for consumption within the country of origin. (2) Establishment of American viticultural areas. Petitions for establishment of American viticultural areas may be made to the director by any interested party, pursuant to the provisions of Sec. 71.41(c) of this title. The petition may be in the form of a letter, and should contain the following information: [[Page 25]] (i) Evidence that the name of the viticultural area is locally and/ or nationally known as referring to the area specified in the application; (ii) historical or current evidence that the boundaries of the viticultural area are as specified in the application; (iii) evidence relating to the geographical features (climate, soil, elevation, physical features, etc.) which distinguish the viticultural features of the proposed area from surrounding areas; (iv) the specific boundaries of the viticultural area, based on features which can be found on U.S. Geological Survey (U.S.G.S.) maps of the largest applicable scale; and (v) a copy of the appropriate U.S.G.S. map(s) with the boundaries prominently marked. (For U.S.G.S. maps, write the U.S. Geological Survey, Branch of Distribution, Box 25286, Federal Center, Denver, Colorado 80225. If the map name is not known, request a map index by State.) (3) Requirements for use. A wine may be labeled with a viticultural area appellation if: (i) The appellation has been approved under part 9 of this title or by the appropriate foreign government; (ii) Not less than 85 percent of the wine is derived from grapes grown within the boundaries of the viticultural area; (iii) In the case of foreign wine, it conforms to the requirements of the foreign laws and regulations governing the composition, method of production, and designation of wines available for consumption within the country of origin; and (iv) In the case of American wine, it has been fully finished within the State, or one of the States, within which the labeled viticultural area is located (except for cellar treatment pursuant to Sec. 4.22(c), and blending which does not result in an alteration of class and type under Sec. 4.22(b)). (4) Overlap viticultural area appellations. An appellation of origin comprised of more than one viticultural area may be used in the case of overlapping viticultural areas if not less than 85 percent of the volume of the wine is derived from grapes grown in the overlapping area. [T.D. ATF-53, 43 FR 37675, Aug. 23, 1978, as amended by T.D. ATF-84, 46 FR 29261, June 1, 1981; T.D. ATF-92, 46 FR 46912, Sept. 23, 1981; T.D. ATF-195, 50 FR 763, Jan. 7, 1985; T.D. ATF-201, 50 FR 12533, Mar. 29, 1985; T.D. ATF-222, 51 FR 3774, Jan. 30 1986; T.D. ATF-312, 56 FR 31076, July 9, 1991; T.D. ATF-355, 59 FR 14553, Mar. 29, 1994] Sec. 4.26 Estate bottled. (a) Conditions for use. The term Estate bottled may be used by a bottling winery on a wine label only if the wine is labeled with a viticultural area appellation of origin and the bottling winery: (1) Is located in the labeled viticultural area; (2) grew all of the grapes used to make the wine on land owned or controlled by the winery within the boundaries of the labeled viticultural area; (3) crushed the grapes, fermented the resulting must, and finished, aged, and bottled the wine in a continuous process (the wine at no time having left the premises of the bottling winery). (b) Special rule for cooperatives. Grapes grown by members of a cooperative bottling winery are considered grown by the bottling winery. (c) Definition of ``Controlled''. For purposes of this section, Controlled by refers to property on which the bottling winery has the legal right to perform, and does perform, all of the acts common to viticulture under the terms of a lease or similar agreement of at least 3 years duration. (d) Use of other terms. No term other than Estate bottled may be used on a label to indicate combined growing and bottling conditions. [T.D. ATF-53, 43 FR 37676, Aug. 23, 1978, as amended by T.D. ATF-201, 50 FR 12533, Mar. 29, 1985] Sec. 4.27 Vintage wine. (a) General. Vintage wine is wine labeled with the year of harvest of the grapes and made in accordance with the standards prescribed in classes 1, 2, or 3 of Sec. 4.21. At least 95 percent of the wine must have been derived from [[Page 26]] grapes harvested in the labeled calendar year, and the wine must be labeled with an appellation of origin other than a country (which does not qualify for vintage labeling). The appellation shall be shown in direct conjunction with the designation required by Sec. 4.32(a)(2), in lettering substantially as conspicuous as that designation. In no event may the quantity of wine removed from the producing winery, under labels bearing a vintage date, exceed the volume of vintage wine produced in that winery during the year indicated by the vintage date. (b) American wine. A permittee who produced and bottled or packed the wine, or a person other than the producer who repackaged the wine in containers of 5 liters (or 1-gallon before January 1, 1979) or less may show the year of vintage upon the label if the person possesses appropriate records from the producer substantiating the year of vintage and the appellation of origin; and if the wine is made in compliance with the provisions of paragraph (a) of this section. (c) Imported wine. Imported wine may bear a vintage date if: (1) It is made in compliance with the provisions of paragraph (a) of this section; (2) it is bottled in containers of 5 liters (or 1-gallon before January 1, 1979) or less prior to importation, or bottled in the United States from the original container of the product (showing a vintage date); (3) if the invoice is accompanied by, or the American bottler possesses, a certificate issued by a duly authorized official of the country of origin (if the country of origin authorizes the issuance of such certificates) certifying that the wine is of the vintage shown, that the laws of the country regulate the appearance of vintage dates upon the labels of wine produced for consumption within the country of origin, that the wine has been produced in conformity with those laws, and that the wine would be entitled to bear the vintage date if it had been sold within the country of origin. [T.D. ATF-53, 43 FR 37676, Aug. 23, 1978, as amended by T.D. ATF-195, 50 FR 763, Jan. 7, 1985] Sec. 4.28 Type designations of varietal significance. The following are type designations of varietal significance for American wine. These names may be used as type designations for American wines only if the wine is labeled with an appellation of origin as defined in Sec. 4.25a. (a) Muscadine. An American wine which derives at least 75 percent of its volume from Muscadinia rotundifolia grapes. (b) Muscatel. An American wine which derives its predominant taste, aroma, characteristics and at least 75 percent of its volume from any Muscat grape source, and which meets the requirements of Sec. 4.21(a)(3). (c) Muscat or Moscato. An American wine which derives at least 75 percent of its volume from any Muscat grape source. (d) Scuppernong. An American wine which derives at least 75 percent of its volume from bronze Muscadinia rotundifolia grapes. (e)(1) Gamay Beaujolais. An American wine which derives at least 75 percent of its volume from Pinot noir grapes, Valdiguie grapes, or a combination of both. (2) For wines bottled on or after January 1, 1999, and prior to April 9, 2007, the name ``Gamay Beaujolais'' may be used as a type designation only if there appears in direct conjunction therewith, but on a separate line and separated by the required appellation of origin, the name(s) of the grape variety or varieties used to satisfy the requirements of paragraph (e)(1) of this section. Where two varietal names are listed, they shall appear on the same line, in order of predominance. The appellation of origin shall appear either on a separate line between the name ``Gamay Beaujolais'' and the grape variety name(s) or on the same line as the grape variety name(s) in a manner that qualifies the grape variety name(s). The following statement shall also appear on the brand or back label: ``Gamay Beaujolais is made from at least 75 percent Pinot noir and/or Valdiguie grapes.'' (3) The designation ``Gamay Beaujolais'' may not be used on labels of [[Page 27]] American wines bottled on or after April 9, 2007. [T.D. ATF-370, 61 FR 539, Jan. 8, 1996, as amended by T.D. ATF-388, 62 FR 16490, Apr. 7, 1997; T.D. ATF-388a, 62 FR 33747, June 23, 1997] Subpart D--Labeling Requirements for Wine Sec. 4.30 General. (a) Application. No person engaged in business as a producer, rectifier, blender, importer, or wholesaler, directly or indirectly or through an affiliate, shall sell or ship or deliver for sale or shipment, or otherwise introduce in interstate or foreign commerce, or receive therein, or remove from customs custody, any wine in containers unless such wine is packaged, and such packages are marked, branded, and labeled in conformity with this article. Wine domestically bottled or packed prior to Dec. 15, 1936, and imported wine entered in customs bond in containers prior to that date shall be regarded as being packaged, marked, branded and labeled in accordance with this article, if the labels on such wine (1) bear all the mandatory label information required by Sec. 4.32, even though such information is not set forth in the manner and form as required by Sec. 4.32 and other sections of this title referred to therein, and (2) bear no statements, designs, or devices which are false or misleading. (b) Alteration of labels. (1) It shall be unlawful for any person to alter, mutilate, destroy, obliterate or remove any mark, brand, or label upon wine held for sale in interstate or foreign commerce or after shipment therein, except as authorized by Federal law, or except as provided in paragraph (b)(2) of this section: Provided, That the appropriate ATF officer may, upon written application, permit additional labeling or relabeling of wine for purposes of compliance with the requirements of this part or of State law. (2) No application for permission to relabel wine need be made in any case where there is added to the container, after removal from customs custody or from the premises where bottled or packed, a label identifying the wholesale or retail distributor thereof, and containing no reference whatever to the characteristics of the product. [T.D. 6521, 25 FR 13835, Dec. 29, 1960, as amended by T.D. ATF-425, 65 FR 11891, Mar. 7, 2000] Cross Reference: For customs warehouses and control of merchandise therein, see 19 CFR part 19. Sec. 4.32 Mandatory label information. (a) There shall be stated on the brand label: (1) Brand name, in accordance with Sec. 4.33. (2) Class, type, or other designation, in accordance with Sec. 4.34. (3) Alcohol content, in accordance with Sec. 4.36. (4) On blends consisting of American and foreign wines, if any reference is made to the presence of foreign wine, the exact percentage by volume. (b) There shall be stated on any label affixed to the container: (1) Name and address, in accordance with Sec. 4.35. (2) Net contents, in accordance with Sec. 4.37. If the net contents is a standard of fill other than an authorized metric standard of fill as prescribed in Sec. 4.73, the net contents statement shall appear on a label affixed to the front of the bottle. (c) There shall be stated on the brand label or on a back label a statement that the product contains FD&C Yellow No. 5, where that coloring material is used in a product bottled on or after October 6, 1984. (d) There shall be stated on a front or back label, separate and apart from all other information, the following statement when saccharin is present in the finished product: Use of this product may be hazardous to your health. This product contains saccharin which has been determined to cause cancer in laboratory animals. (e) Declaration of sulfites. There shall be stated on a front label, back label, strip label or neck label, the statement ``Contains sulfites'' or ``Contains (a) sulfiting agent(s)'' or a statement identifying the specific sulfiting agent where sulfur dioxide or a sulfiting agent is detected at a level of 10 or more parts per million, measured as total sulfur dioxide. The provisions of this paragraph shall apply to: [[Page 28]] (1) Any certificate of label approval issued on or after January 9, 1987; (2) Any wine bottled on or after July 9, 1987, regardless of the date of issuance of the certificate of label approval; and, (3) Any wine removed on or after January 9, 1988. (Paragraph (e) approved by the Office of Management and Budget under Control No. 1512-0469) [T.D. 6521, 25 FR 13835, Dec. 29, 1960, as amended by T.D. ATF-150, 48 FR 45556, Oct. 6, 1983; T.D. ATF-195, 50 FR 763, Jan. 7, 1985; T.D. ATF- 220, 50 FR 51852, Dec. 20, 1985; T.D. ATF-236, 51 FR 34710, Sept. 30, 1986; T.D. ATF-282, 54 FR 7162, Feb. 16, 1989; T.D. ATF-312, 56 FR 31076, 31077, July 9, 1991] Sec. 4.33 Brand names. (a) General. The product shall bear a brand name, except that if not sold under a brand name, then the name of the person required to appear on the brand label shall be deemed a brand name for the purpose of this part. (b) Misleading brand names. No label shall contain any brand name, which, standing alone, or in association with other printed or graphic matter creates any impression or inference as to the age, origin, identity, or other characteristics of the product unless the appropriate ATF officer finds that such brand name, either when qualified by the word ``brand'' or when not so qualified, conveys no erroneous impressions as to the age, origin, identity, or other characteristics of the product. (c) Trade name of foreign origin. This section shall not operate to prohibit the use by any person of any trade name or brand of foreign origin not effectively registered in the United States Patent Office on August 29, 1935, which has been used by such person or his predecessors in the United States for a period of at least five years immediately preceding August 29, 1935: Provided, That if such trade name or brand is used, the designation of the product shall be qualified by the name of the locality in the United States in which produced, and such qualifications shall be in script, type, or printing as conspicuous as the trade name or brand. Sec. 4.34 Class and type. (a) The class of the wine shall be stated in conformity with subpart C of this part if the wine is defined therein, except that ``table'' (``light'') and ``dessert'' wines need not be designated as such. In the case of still grape wine there may appear, in lieu of the class designation, any varietal (grape type) designation, type designation of varietal significance, semigeneric geographic type designation, or geographic distinctive designation, to which the wine may be entitled. In the case of champagne, or crackling wines, the type designation ``champagne'' or ``crackling wine'' (``petillant wine'', ``frizzante wine'') may appear in lieu of the class designation ``sparkling wine''. In the case of wine which has a total solids content of more than 17 grams per 100 cubic centimeters the words ``extra sweet'', ``specially sweetened'', ``specially sweet'' or ``sweetened with excess sugar'' shall be stated as a part of the class and type designation. The last of these quoted phrases shall appear where required by part 24 of this chapter, on wines sweetened with sugar in excess of the maximum quantities specified in such regulations. If the class of the wine is not defined in subpart C, a truthful and adequate statement of composition shall appear upon the brand label of the product in lieu of a class designation. In addition to the mandatory designation for the wine, there may be stated a distinctive or fanciful name, or a designation in accordance with trade understanding. All parts of the designation of the wine, whether mandatory or optional, shall be in direct conjunction and in lettering substantially of the same size and kind. (b) An appellation of origin such as ``American,'' ``New York,'' ``Napa Valley,'' or ``Chilean,'' disclosing the true place of origin of the wine, shall appear in direct conjunction with and in lettering substantially as conspicuous as the class and type designation if: (1) A varietal (grape type) designation is used under the provisions of Sec. 4.23; (2) A type designation of varietal significance is used under the provisions of Sec. 4.28; [[Page 29]] (3) A semi-generic type designation is employed as the class and type designation of the wine pursuant to Sec. 4.24(b); (4) A product name is qualified with the word ``Brand'' under the requirements of Sec. 4.39 (j); or (5) The wine is labeled with the year of harvest of the grapes, and otherwise conforms with the provisions of Sec. 4.27. The appellation of origin for vintage wine shall be other than a country. [T.D. ATF-53, 43 FR 37677, Aug. 23, 1978; T.D. ATF-48, 44 FR 55839, Sept. 28, 1979, as amended by T.D. ATF-195, 50 FR 763, Jan. 7, 1985; T.D. ATF-229, 51 FR 20482, June 5, 1986; T.D. ATF-312, 56 FR 31077, July 9, 1991; T.D. ATF-370, 61 FR 539, Jan. 8, 1996] Sec. 4.35 Name and address. (a) American wine. On labels of containers of American wine, there shall be stated the name of the bottler or packer and the place where bottled or packed (or until January 1, 1985, in lieu of such place, the principal place of business of the bottler or packer if in the same State where the wine was bottled or packed, and, if bottled or packed on bonded premises, the AFT registry number of the premises) immediately preceded by the words ``bottled by'' or ``packed by'' except that: (1) If the bottler or packer is also the person who made not less than 75 percent of such wine by fermenting the must and clarifying the resulting wine, or if such person treated the wine in such manner as to change the class thereof, there may be stated, in lieu of the words ``bottled by'' or ``packed by,'' the words ``produced and bottled by,'' or ``produced and packed by.'' (2) If the bottler or packer has also either made or treated the wine, otherwise than as described in paragraph (a)(1) of this section, there may be stated, in lieu of the words ``Bottled by'' or ``Packed by'' the phrases ``Blended and bottled (packed) by,'' ``Rectified and bottled (packed) by.'' ``Prepared and bottled (packed) by,'' ``Made and bottled (packed) by,'' as the case may be, or, in the case of imitation wine only, ``Manufactured and bottled (packed) by.'' (3) In addition to the name of the bottler or packer and the place where bottled or packed (but not in lieu thereof) there may be stated the name and address of any other person for whom such wine is bottled or packed, immediately preceded by the words ``Bottled for'' or ``Packed for'' or ``Distributed by'' or other similar statement; or the name and principal place of business of the rectifier, blender, or maker, immediately preceded by the words ``Rectified by,'' ``Blended by'' or ``Made by,'' respectively, or, in the case of imitation wine only, ``Manufactured by.'' (b) Imported wine. On labels of containers of imported wine, there shall be stated the words ``Imported by'' or a similar appropriate phrase, and immediately thereafter the name of the permittee who is the importer, agent, sole distributor, or other person responsible for the importation, together with the principal place of business in the United States of such person. In addition, but not in lieu thereof, there may be stated the name and principal place of business of the foreign producer, blender, rectifier, maker, bottler, packer, or shipper, preceded by the phrases ``Produced by,'' ``Blended by,'' ``Rectified by,'' ``Made by,'' ``Bottled by,'' ``Packed by,'' ``Shipped by,'' respectively, or, in the case of imitation wine only, ``Manufactured by.'' (1) If the wine is bottled or packed in the United States, there shall be stated, in addition, the name of the bottler or packer and the place where bottled or packed immediately preceded by the words ``bottled by'' or ``packed by'' except that if the wine is bottled or packed in the United States for the person responsible for the importation there may be stated, in lieu of the above-required statements, the name and principal place of business in the United States of such person, immediately preceded by the phrase ``imported by and bottled (packed) in the United States for'' (or a similar appropriate phrase). If, however, the wine is bottled or packed in the United States by the person responsible for the importation there may be stated, in lieu of the above-required statements, the name and principal place of business in the United States of such person, immediately preceded by the phrase ``Imported and bottled (packed) by'' or a similar appropriate phrase. [[Page 30]] (2) If the wine is blended, bottled, or packed in a foreign country other than the country of origin and the country of origin is stated or otherwise indicated on the label, there shall also be stated the name of the bottler, packer, or blender, and the place where bottled, packed, or blended, immediately preceded by the words ``Bottled by'', ``Packed by'', ``Blended by'', or other appropriate statement. (c) Form of address. The ``place'' stated shall be the post office address (after December 31, 1984, the post office address shall be the address shown on the basic permit or other qualifying document of the premises at which the operations took place; and there shall be shown the address for each operation which is designated on the label. An example of such use would be ``Produced at Gilroy, California, and bottled at San Mateo, California, by XYZ Winery''), except that the street address may be omitted. No additional places or addresses shall be stated for the same person unless (1) such person is actively engaged in the conduct of an additional bona fide and actual alcoholic beverage business at such additional place or address, and (2) the label also contains in direct conjunction therewith, appropriate descriptive material indicating the function occurring at such additional place or address in connection with the particular product. (d) Trade or operating names. The trade or operating name of any person appearing upon any label shall be identical with a name appearing on the basic permit or notice. (e) This section does not apply after July 27, 1994. [T.D. 6521, 25 FR 13835, Dec. 29, 1960, as amended by T.D. 7185, 37 FR 7976, Apr. 22, 1972; T.D. ATF-53, 43 FR 37677, Aug. 23, 1978; T.D. ATF- 126, 48 FR 2764, Jan. 21, 1983; T.D. ATF-194, 50 FR 759, Jan. 7, 1985; T.D. ATF-209, 50 FR 27821, July 8, 1985T.D. ATF-328, 57 FR 33114, July 27, 1992] Sec. 4.35a Name and address. (a) American wine--(1) Mandatory statement. A label on each container of American wine shall state either ``bottled by'' or ``packed by'' followed by the name of the bottler or packer and the address (in accordance with paragraph (c)) of the place where the wine was bottled or packed. Other words may also be stated in addition to the required words ``bottled by'' or ``packed by'' and the required name and address if the use of such words is in accordance with paragraph (a)(2) of this section. (2) Optional statements. (i) In addition to the statement required by paragraph (a)(1), the label may also state the name and address of any other person for whom the wine was bottled or packed, immediately preceded by the words ``bottled for'' or ``packed for'' or ``distributed by.'' (ii) The words defined in paragraphs (a)(2)(iii)-(a)(2)(vi) may be used, in accordance with the definitions given, in addition to the name and address statement required by paragraph (a)(1). Use of these words may be conjoined, using the word ``and'', and with the words ``bottled by'' or ``packed by'' only if the same person performed the defined operation at the same address. More than one name is necessary if the defined operation was performed by a person other than the bottler or packer and more than one address statement is necessary if the defined operation was performed at a different address. (iii) Produced or Made means that the named winery: (A) Fermented not less than 75% of such wine at the stated address, or (B) Changed the class or type of the wine by addition of alcohol, brandy, flavors, colors, or artificial carbonation at the stated address, or (C) Produced sparkling wine by secondary fermentation at the stated address. (iv) Blended means that the named winery mixed the wine with other wines of the same class and type at the stated address. (v) Cellared, Vinted or Prepared means that the named winery, at the stated address, subjected the wine to cellar treatment in accordance with Sec. 4.22(c). (b) Imported wine--(1) Mandatory statements. (i) A label on each container of imported wine shall state ``imported by'' or a similar appropriate phrase, followed immediately by the name of the importer, agent, sole distributor, or other person responsible for the importation, followed immediately by the [[Page 31]] address of the principal place of business in the United States of the named person. (ii) If the wine was bottled or packed in the United States, the label shall also state one of the following: (A) ``Bottled by'' or ``packed by'' followed by the name of the bottler or packer and the address (in accordance with paragraph (c)) of the place where the wine was bottled or packed; or (B) If the wine was bottled or packed for the person responsible for the importation, the words ``imported by and bottled (packed) in the United States for'' (or a similar appropriate phrase) followed by the name and address of the principal place of business in the United States of the person responsible for the importation; or (C) If the wine was bottled or packed by the person responsible for the importation, the words ``imported and bottled (packed) by'' followed by the name and address of the principal place of business in the United States of the person responsible for the importation. (iii) If the wine was blended, bottled or packed in a foreign country other than the country of origin, and the label identifies the country of origin, the label shall state ``blended by,'' ``bottled by,'' or ``packed by,'' or other appropriate statement, followed by the name of the blender, bottler or packer and the place where the wine was blended, bottled or packed. (2) Optional statements. In addition to the statements required by paragraph (b) (1), the label may also state the name and address of the principal place of business of the foreign producer. Other words, or their English-language equivalents, denoting winemaking operations may be used in accordance with the requirements of the country of origin, for wines sold within the country of origin. (c) Form of address. The ``place'' stated shall be the post office address shown on the basic permit or other qualifying document of the premises at which the operations took place; and there shall be shown the address for each operation which is designated on the label. An example of such use would be ``Produced at Gilroy, California, and bottled at San Mateo, California, by XYZ Winery,'' except that the street address may be omitted. No additional places or addresses shall be stated for the same person unless: (1) Such person is actively engaged in the conduct of an additional bona fide and actual alcoholic beverage business at such additional place or address, and (2) The label also contains in direct conjunction therewith, appropriate descriptive material indicating the function occurring at such additional place or address in connection with the particular product. (d) Trade or operating names. The trade or operating name of any person appearing upon any label shall be identical with a name appearing on the basic permit or other qualifying document. (e) The provisions of this section are optional until they become mandatory July 27, 1994. [T.D. ATF-328, 57 FR 33114, July 27, 1992; 57 FR 37591, Aug. 19, 1992] Sec. 4.36 Alcoholic content. (a) Alcoholic content shall be stated in the case of wines containing more than 14 percent of alcohol by volume, and, in the case of wine containing 14 percent or less of alcohol by volume, either the type designation ``table'' wine (``light'' wine) or the alcoholic content shall be stated. Any statement of alcoholic content shall be made as prescribed in paragraph (b) of this section. (b) Alcoholic content shall be stated in terms of percentage of alcohol by volume, and not otherwise, as provided in either paragraph (b)(1) or (2) of this section: (1) ``Alcohol ____ % by volume,'' or similar appropriate phrase; Provided, that if the word ``alcohol'' and/or ``volume'' are abbreviated, they shall be shown as ``alc.'' (alc) and/or ``vol.'' (vol), respectively. Except as provided in paragraph (c) of this section, a tolerance of 1 percent, in the case of wines containing more than 14 percent of alcohol by volume, and of 1.5 percent, in the case of wines containing 14 percent or less of alcohol by volume, will be permitted either above or below the stated percentage. (2) ``Alcohol ____ % to ____ % by volume,'' or similar appropriate phrase; Provided, that if the word ``alcohol'' [[Page 32]] and/or ``volume'' are abbreviated, they shall be shown as ``alc.'' (alc) and/or ``vol.'' (vol), respectively. Except as provided in paragraph (c) of this section, a range of not more than 2 percent, in the case of wines containing more than 14 percent of alcohol by volume, and of not more than 3 percent, in the case of wines containing 14 percent or less of alcohol by volume, will be permitted between the minimum and maximum percentages stated, and no tolerances will be permitted either below such minimum or above such maximum. (c) Regardless of the type of statement used and regardless of tolerances normally permitted in direct statements and ranges normally permitted in maximum and minimum statements, alcoholic content statements, whether required or optional, shall definitely and correctly indicate the class, type and taxable grade of the wine so labeled and nothing in this section shall be construed as authorizing the appearance upon the labels of any wine of an alcoholic content statement in terms of maximum and minimum percentages which overlaps a prescribed limitation on the alcoholic content of any class, type, or taxable grade of wine, or a direct statement of alcoholic content which indicates that the alcoholic content of the wine is within such a limitation when in fact it is not. [T.D. 6521, 25 FR 13835, Dec. 29, 1960, as amended by T.D. ATF-275, 53 FR 27046, July 18, 1988] Sec. 4.37 Net contents. (a) Statement of net contents. The net contents of wine for which a standard of fill is prescribed in Sec. 4.73 shall be stated in the same manner and form as set forth in the standard of fill. The net content of wine for which no standard of fill is prescribed in Sec. 4.73 shall be stated in the metric system of measure as follows: (1) If more than one liter, net contents shall be stated in liters and in decimal portions of a liter accurate to the nearest one-hundredth of a liter. (2) If less than one liter, net contents shall be stated in milliliters (ml). (b) Statement of U.S. equivalent net contents. When net contents of wine are stated in metric measure, the equivalent volume in U.S. measure may also be shown. If shown, the U.S. equivalent volume will be shown as follows: (1) For the metric standards of fill: 3 liters (101 fl. oz.); 1.5 liters (50.7 fl. oz.); 1 liter (33.8 fl. oz.); 750 ml (25.4 fl. oz.); 500 ml (16.9 fl. oz.); 375 ml (12.7 fl. oz.); 187 ml (6.3 fl. oz.); 100 ml (3.4 fl. oz.); and 50 ml (1.7 fl. oz.). (2) Equivalent volumes of less than 100 fluid ounces will be stated in fluid ounces only, accurate to the nearest one-tenth of a fluid ounce; for example, 700 ml (23.7 fl. oz.). (3) Equivalent volumes of 100 fluid ounces or more will be stated in fluid ounces only, accurate to the nearest whole fluid ounce; for example, 6 liters (203 fl. oz.). (c) Net contents marked in bottle. The net contents need not be stated on any label if the net contents are displayed by having the same blown, etched, sand-blasted, marked by underglaze coloring, or otherwise permanently marked by any method approved by the appropriate ATF officer, in the sides, front, or back of the bottle, in letters and figures in such manner as to be plainly legible under ordinary circumstances, and such statement is not obscured in any manner in whole or in part. (d) Tolerances. Statement of net contents shall indicate exactly the volume of wine within the container, except that the following tolerances shall be allowed: (1) Discrepancies due exclusively to errors in measuring which occur in filling conducted in compliance with good commercial practice. (2) Discrepancies due exclusively to differences in the capacity of containers, resulting solely from unavoidable difficulties in manufacturing such containers so as to be of uniform capacity: Provided, That no greater tolerance shall be allowed in case of containers which, because of their design, cannot be made of approximately uniform capacity than is allowed in case of containers which can be manufactured so as to be of approximately uniform capacity. (3) Discrepancies in measure due to differences in atmospheric conditions [[Page 33]] in various places and which unavoidably result from the ordinary and customary exposure of alcoholic beverages in containers to evaporation. The reasonableness to discrepancies under this paragraph shall be determined on the facts in each case. (e) Unreasonable shortages. Unreasonable shortages in certain of the containers in any shipment shall not be compensated by overages in other containers in the same shipment. [T.D. ATF-12, 39 FR 45222, Dec. 31, 1974, as amended by T.D. ATF-49, 43 FR 19848, May 9, 1978; T.D. ATF-76, 46 FR 1727, Jan. 7, 1981; T.D. ATF- 303, 55 FR 42713, Oct. 23, 1990] Sec. 4.38 General requirements. (a) Legibility. All labels shall be so designed that all the statements thereon required by Secs. 4.30 through 4.39 are readily legible under ordinary conditions, and all such statement shall be on a contrasting background. (b) Size of type. (1) Containers of more than 187 milliliters. All mandatory information required on labels by this part, except the alcoholic content statement, shall be in script, type, or printing not smaller than 2 millimeters; except that if contained among other descriptive or explanatory information, the script, type, or printing of the mandatory information shall be of a size substantially more conspicuous than that of the descriptive or explanatory information. (2) Containers of 187 milliliters or less. All mandatory information required on labels by this part, except the alcoholic content statement, shall not be smaller than 1 millimeter, except that if contained among other descriptive or explanatory information, the script, type, or printing of the mandatory information shall be of a size substantially more conspicuous than that of the descriptive or explanatory information. (3) Alcoholic content statements shall not appear in script, type, or printing larger or more conspicuous than 3 millimeters nor smaller than 1 millimeter on labels of containers having a capacity of 5 liters or less and shall not be set off with a border or otherwise accentuated. (c) English language. All mandatory label information shall be stated on labels in the English language, except that the brand name, the place of production, and the name of the manufacturer, producer, blender, bottler, packer, or shipper appearing on the label need not be in the English language if the words ``product of'' immediately precede the name of the country of origin stated in accordance with customs requirements. Additional statements in foreign languages may be made on labels, if they do not in any way conflict with, or contradict the requirements of Secs. 4.30 through 4.39. (d) Location of label. Labels shall not obscure Government stamps nor be obscured thereby. (e) Labels firmly affixed. All labels shall be affixed to containers of wine in such manner that they cannot be removed without thorough application of water or other solvents. (f) Additional information on labels. Labels may contain information other than the mandatory label information required by Secs. 4.30 through 4.39, if such information complies with the requirements of such sections and does not conflict with, nor in any manner qualify statements required by this part. In addition, information which is truthful, accurate, and specific, and which is neither disparaging nor misleading may appear on wine labels. (g) Representations as to materials. If any representation (other than representations or information required by Secs. 4.30 through 4.39 or percentage statements required or permitted by this part) is made as to the presence, excellence, or other characteristic of any ingredient in any wine, or used in its production, the label containing such representation shall state, in print, type, or script, substantially as conspicuous as such representation, the name and amount in percent by volume of each such ingredient. (h) Statement of contents of containers. Upon request of the appropriate ATF officer, there shall be submitted a full and accurate statement of the contents [[Page 34]] of the containers to which labels are to be or have been affixed. [T.D. ATF-53, 43 FR 37677, Aug. 23, 1978, as amended by T.D. ATF-66, 45 FR 40544, June 13, 1980; T.D. ATF-94, 46 FR 55095, Nov. 6, 1981; T.D. ATF-249, 52 FR 5955, Feb. 27, 1987; T.D. ATF-275, 53 FR 27046, July 18, 1988; T.D. ATF-312, 56 FR 31077, July 9, 1991] Sec. 4.38a Bottle cartons, booklets and leaflets. (a) General. An individual covering, carton, or other container of the bottle used for sale at retail (other than a shipping container), or any written, printed, graphic, or other matter accompanying the bottle to the consumer buyer shall not contain any statement, design, device, or graphic, pictorial, or emblematic representation that is prohibited by Secs. 4.30 through 4.39 on labels. (b) Sealed cartons. If bottles are enclosed in sealed opaque coverings, cartons, or other containers used for sale at retail (other than a shipping container), such coverings, cartons, or other containers must bear all mandatory label information. (c) Other cartons. (1) If an individual covering, carton, or other container of the bottle used for sale at retail (other than a shipping container) is so designed that the bottle is readily removable, it may display any information which is not in conflict with the label on the bottle contained therein. (2) Cartons displaying brand names and/or designations must display such names and designations in their entirety--brand names required to be modified, e.g. by ``Brand'' or ``Product of U.S.A.'', must also display such modification. (3) Wines for which a truthful and adequate statement of composition is required must display such statement. [T.D. ATF-36, 41 FR 47425, Oct. 29, 1976] Sec. 4.39 Prohibited practices. (a) Statements on labels. Containers of wine, or any label on such containers, or any individual covering, carton, or other wrapper of such container, or any written, printed, graphic, or other matter accompanying such container to the consumer shall not contain: (1) Any statement that is false or untrue in any particular, or that, irrespective of falsity, directly, or by ambiguity, omission, or inference, or by the addition of irrelevant, scientific or technical matter, tends to create a misleading impression. (2) Any statement that is disparaging of a competitor's products. (3) Any statement, design, device, or representation which is obscene or indecent. (4) Any statement, design, device, or representation of or relating to analyses, standards, or tests, irrespective of falsity, which the appropriate ATF officer finds to be likely to mislead the consumer. (5) Any statement, design, device or representation of or relating to any guarantee, irrespective of falsity, which the appropriate ATF officer finds to be likely to mislead the consumer. Money-back guarantees are not prohibited. (6) A trade or brand name that is the name of any living individual of public prominence, or existing private or public organization, or is a name that is in simulation or is an abbreviation thereof, or any graphic, pictorial, or emblematic representation of any such individual or organization, if the use of such name or representation is likely falsely to lead the consumer to believe that the product has been endorsed, made, or used by, or produced for, or under the supervision of, or in accordance with the specifications of, such individual or organization; Provided, That this paragraph shall not apply to the use of the name of any person engaged in business as a producer, blender, rectifier, importer, wholesaler, retailer, bottler, or warehouseman of wine, nor to the use by any person of a trade or brand name that is the name of any living individual of public prominence or existing private or public organization, provided such trade or brand name was used by him or his predecessors in interest prior to August 29, 1935. (7) Any statement, design, device, or representation (other than a statement of alcohol content in conformity with Sec. 4.36), which tends to create the impression that a wine: (i) Contains distilled spirits; (ii) Is comparable to a distilled spirit; or (iii) Has intoxicating qualities. [[Page 35]] However, if a statement of composition is required to appear as the designation of a product not defined in these regulations, such statement of composition may include a reference to the type of distilled spirits contained therein. (8) Any coined word or name in the brand name or class and type designation which simulates, imitates, or which tends to create the impression that the wine so labeled is entitled to bear, any class, type, or permitted designation recognized by the regulations in this part unless such wine conforms to the requirements prescribed with respect to such designation and is in fact so designated on its labels. (9) Any word in the brand name or class and type designation which is the name of a distilled spirits product or which simulates, imitates, or created the impression that the wine so labeled is, or is similar to, any product customarily made with a distilled spirits base. Examples of such words are: ``Manhattan,'' ``Martini,'' and ``Daquiri'' in a class and type designation or brand name of a wine cocktail; ``Cuba Libre,'' ``Zombie,'' and ``Collins'' in a class and type designation or brand name of a wine specialty or wine highball; ``creme,'' ``cream,'' ``de,'' or ``of'' when used in conjunction with ``menthe,'' ``mint,'' or ``cacao'' in a class and type designation or a brand name of a mint or chocolate flavored wine specialty. (b) Statement of age. No statement of age or representation relative to age (including words or devices in any brand name or mark) shall be made, except (1) for vintage wine, in accordance with the provisions of Sec. 4.27; (2) references relating to methods of wine production involving storage or aging in accordance with Sec. 4.38(f); or (3) use of the word ``old'' as part of a brand name. (c) Statement of bottling dates. The statement of any bottling date shall not be deemed to be a representation relative to age, if such statement appears in lettering not greater than 8-point Gothic caps and in the following form: ``Bottled in ____'' (inserting the year in which the wine was bottled). (d) Statement of miscellaneous dates. No date, except as provided in paragraphs (b) and (c) of this section with respect to statement of vintage year and bottling date, shall be stated on any label unless in addition thereto and in direct conjunction therewith in the same size and kind of printing, there shall be stated an explanation of the significance thereof such as ``established'' or ``founded in''. If any such date refers to the date of establishment of any business or brand name, it shall not be stated, in the case of containers of a capacity of 5 liters or less, in any script, type, or printing larger than 2 millimeters, and shall be stated in direct conjunction with the name of the person, company, or brand name to which it refers if the appropriate ATF officer finds that this is necessary in order to prevent confusion as to the person, company, or brand name to which the establishment date is applicable. (e) Simulation of Government stamps. (1) No labels shall be of such design as to resemble or simulate a stamp of the United States Government or any State or foreign government. No label, other than stamps authorized or required by the United States Government or any State or foreign government, shall state or indicate that the wine contained in the labeled container is produced, blended, bottled, packed, or sold under, or in accordance with, any municipal, State or Federal Government authorization, law, or regulation, unless such statement is required or specifically authorized by Federal, State or municipal law or regulation, or is required or specifically authorized by the laws or regulations of a foreign country. If the municipal, State, or Federal Government permit number is stated upon a label, it shall not be accompanied by any additional statement relating thereto. (2) Bonded wine cellar and bonded winery numbers may be stated but only in direct conjunction with the name and address of the person operating such wine cellar or winery. Statement of bonded wine cellar or winery numbers may be made in the following form: ``Bonded Wine Cellar No. ____'', ``Bonded Winery No. ____'', ``B. W. C. No. ____'', ``B. W. No. ____''. No additional reference thereto shall be made, nor shall any use be made of such statement that may convey the [[Page 36]] impression that the wine has been made or matured under Government supervision or in accordance with Government specifications or standards. (3) If imported wines are covered by a certificate of origin and/or a certificate of vintage date issued by a duly authorized official of the appropriate foreign government, the label, except where prohibited by the foreign government, may refer to such certificate or the fact of such certification, but shall not be accompanied by any additional statements relating thereto. The reference to such certificate or certification shall be substantially in the following form: This product accompanied at the time of the importation by a certificate issued by the _______________________________________________________________________ (Name of government) government indicating that the product is _______________________________________________________________________ (Class and type as stated on the label) and (if label bears a statement of vintage date) that the wine is of the vintage of _______________________________________________________________________ (Year of vintage stated on the label) (f) Use of the word ``Importer'', or similar words. The word Importer, or similar words, shall not be stated on labels on containers of domestic wine except as part of the bona fide name of a permittee for or by whom, or of a retailer for whom, such wine is bottled, packed or distributed: Provided, That in all cases where such words are used as part of such name, there shall be stated on the same label the words ``Product of the United States'', or similar words to negative any impression that the product is imported, and such negative statement shall appear in the same size and kind of printing as such name. (g) Flags, seals, coats of arms, crests, and other insignia. Labels shall not contain, in the brand name or otherwise, any statement, design, device, or pictorial representation which the appropriate ATF officer finds relates to, or is capable of being construed as relating to, the armed forces of the United States, or the American flag, or any emblem, seal, insignia, or decoration associated with such flag or armed forces; nor shall any label contain any statement, design, device, or pictorial representation of or concerning any flag, seal, coat of arms, crest or other insignia, likely to mislead the consumer to believe that the product has been endorsed, made, or used by, or produced for, or under the supervision of, or in accordance with the specifications of the government, organization, family, or individual with whom such flag, seal, coat of arms, crest, or insignia is associated. (h) Curative and therapeutic claims. Labels shall not contain any statement, design, representation, pictorial representation, or device representing that the use of wine has curative or therapeutic effects if such statement is untrue in any particular or tends to create a misleading impression. (i) Geographic brand names. (1) Except as provided in subparagraph 2, a brand name of viticultural significance may not be used unless the wine meets the appellation of origin requirements for the geographic area named. (2) For brand names used in existing certificates of label approval issued prior to July 7, 1986: (i) The wine shall meet the appellation of origin requirements for the geographic area named; or (ii) The wine shall be labeled with an appellation of origin in accordance with Sec. 4.34(b) as to location and size of type of either: (A) A county or a viticultural area, if the brand name bears the name of a geographic area smaller than a state, or; (B) A state, county or a viticultural area, if the brand name bears a state name; or (iii) The wine shall be labeled with some other statement which the appropriate ATF officer finds to be sufficient to dispel the impression that the geographic area suggested by the brand name is indicative of the origin of the wine. (3) A name has viticultural significance when it is the name of a state or county (or the foreign equivalents), when approved as a viticultural area in part 9 of this chapter, or by a foreign government, or when found to have viticultural significance by the appropriate ATF officer. (j) Product names of geographical significance (not mandatory before January [[Page 37]] 1, 1983). The use of product names with specific geographical significance is prohibited unless the appropriate ATF officer finds that because of their long usage, such names are recognized by consumers as fanciful product names and not representations as to origin. In such cases the product names shall be qualified with the word ``brand'' immediately following the product name, in the same size of type, and as conspicuous as the product name itself. In addition, the label shall bear an appellation of origin under the provisions of Sec. 4.34(b), and, if required by the appropriate ATF officer, a statement disclaiming the geographical reference as a representation as to the origin of the wine. (k) Other indications of origin. Other statements, designs, devices or representations which indicate or infer an origin other than the true place of origin of the wine are prohibited. (l) Foreign terms. Foreign terms which: (1) Describe a particular condition of the grapes at the time of harvest (such as ``Auslese,'' ``Eiswein,'' and ``Trockenbeerenauslese''); or (2) denote quality under foreign law (such as ``Qualitatswein'' and ``Kabinett'') may not be used on the labels of American wine. (m) Use of a vineyard, orchard, farm or ranch name. When used in a brand name, a vineyard, orchard, farm or ranch name having geographical or viticultural significance is subject to the requirements of Secs. 4.33(b) and 4.39(i) of this part. Additionally, the name of a vineyard, orchard, farm or ranch shall not be used on a wine label, unless 95 percent of the wine in the container was produced from primary winemaking material grown on the named vineyard, orchard, farm or ranch. [T.D. 6521, 25 FR 13841, Dec. 29, 1960, as amended by T.D. ATF-53, 43 FR 37678, Aug. 23, 1978; T.D. ATF-94, 46 FR 55095, Nov. 6, 1981; T.D. ATF- 126, 48 FR 2764, Jan. 21, 1983; T.D. ATF-180, 49 FR 31671, Aug. 8, 1984; T.D. ATF-229, 51 FR 20482, June 5, 1986; 51 FR 21547, June 13, 1986; T.D. ATF-355, 59 FR 14553, Mar. 29, 1994] Subpart E--Requirements for Withdrawal of Wine From Customs Custody Sec. 4.40 Label approval and release. (a) Certificate of label approval. No imported beverage wine in containers shall be released from U.S. Customs custody for consumption unless there is deposited with the appropriate Customs officer at the port of entry the original or a photostatic copy of an approved certificate of label approval, ATF Form 5100.31. (b) If the original or photostatic copy of ATF Form 5100.31 has been approved, the brand or lot of imported wine bearing labels identical with those shown thereon may be released from U.S. Customs custody. (c) Relabeling. Imported wine in U.S. Customs custody which is not labeled in conformity with certificates of label approval issued by the appropriate ATF officer must be relabeled prior to release under the supervision and direction of Customs officers of the port at which the wine is located. (d) Cross reference. For procedures regarding the issuance, denial, and revocation of certificates of label approval, as well as appeal procedures, see part 13 of this chapter. [T.D. ATF-66, 45 FR 40546, June 13, 1980, as amended by T.D. ATF-94, 46 FR 55095, Nov. 6, 1981; T.D. ATF-242, 51 FR 39525, Oct. 29, 1986; T.D. ATF-359, 59 FR 42160, Aug. 17, 1994; T.D. ATF-406, 64 FR 2128, Jan. 13, 1999] Sec. 4.45 Certificates of origin and identity. Imported wine shall not be released from customs custody for consumption unless the invoice is accompanied by a certificate of origin issued by a duly authorized official of the appropriate foreign government, if the issuance of such certificates with respect to such wine has been authorized by the foreign government concerned, certifying as to the identity of the wine and that the wine has been produced in compliance with the laws of the respective foreign government regulating the production of such wine for home consumption. [[Page 38]] Sec. 4.46 Certificate of nonstandard fill. A person may import wine in containers not conforming to the metric standards of fill prescribed at Sec. 4.73 if the wine is: (a) Accompanied by a statement signed by a duly authorized official of the appropriate foreign country, stating that the wine was bottled or packed before January 1, 1979; (b) Being withdrawn from a Customs bonded warehouse into which it was entered before January 1, 1979; or (c) Exempt from the standard of fill requirements as provided by Sec. 4.70(b)(1) or (2). [T.D. ATF-76, 46 FR 1727, Jan. 7, 1981] Subpart F--Requirements for Approval of Labels of Wine Domestically Bottled or Packed Sec. 4.50 Certificates of label approval. (a) No person shall bottle or pack wine, other than wine bottled or packed in U.S. Customs custody, or remove such wine from the plant where bottled or packed, unless an approved certificate of label approval, ATF Form 5100.31, is issued by the appropriate ATF officer. (b) Any bottler or packer of wine shall be exempt from the requirements of this section if upon application the bottler or packer shows to the satisfaction of the appropriate ATF officer that the wine to be bottled or packed is not to be sold, offered for sale, or shipped or delivered for shipment, or otherwise introduced in interstate or foreign commerce. Application for exemption shall be made on ATF Form 5100.31 in accordance with instructions on the form. If the application is approved, a certificate of exemption will be issued on the same form. (c) Cross reference. For procedures regarding the issuance, denial, and revocation of certificates of label approval, and certificates of exemption from label approval, as well as appeal procedures, see part 13 of this chapter. [T.D. ATF-66, 45 FR 40546, June 13, 1980, as amended by T.D. ATF-94, 46 FR 55095, Nov. 6, 1981; T.D. ATF-242, 51 FR 39525, Oct. 29, 1986; T.D. ATF-344, 58 FR 40354, July 28, 1993; T.D. ATF-406, 64 FR 2128, Jan. 13, 1999; T.D. ATF-425, 65 FR 11891, Mar. 7, 2000] Sec. 4.51 Exhibiting certificates to Government officials. Any bottler or packer holding an original or duplicate original of a certificate of label approval or a certificate of exemption shall, upon demand, exhibit such certificate to a duly authorized representative of the United States Government. Sec. 4.52 Photoprints. Photoprints or other reproductions of certificates of label approval or certificates of exemption are not acceptable, for the purposes of Secs. 4.50 through 4.52, as substitutes for an original or duplicate original of a certificate of label approval, or a certificate of exemption. The appropriate ATF officer will, upon the request of the bottler or packer, issue duplicate originals of certificates of label approval or of certificates of exemption if wine under the same brand is bottled or packed at more than one plant by the same person, and if the necessity for the duplicate originals is shown and there is listed with the appropriate ATF officer the name and address of the additional bottling or packing plant where the particular label is to be used. Subpart G--Advertising of Wine Sec. 4.60 Application. No person engaged in the business as a producer, rectifier, blender, importer, or wholesaler of wine, directly or indirectly or through an affiliate, shall publish or disseminate or cause to be published or disseminated by radio or television broadcast, or in any newspaper, periodical, or any publication, by any sign or outdoor advertisement, or any other printed or graphic matter, any advertisement of wine, if such advertising is in, or is calculated to induce sale in, interstate or foreign commerce, or is disseminated by mail, unless such advertisement is in conformity with Secs. 4.60-4.65 of this part. Provided, that such sections shall not apply to outdoor advertising in place on September 7, 1984, but shall apply upon replacement, restoration, or renovation of any such advertising; and provided further, that such sections [[Page 39]] shall not apply to a retailer or the publisher of any newspaper, periodical, or other publication, or radio or television broadcast, unless such retailer or publisher or radio or television broadcaster is engaged in business as a producer, rectifier, blender, importer, or wholesaler of wine, directly or indirectly, or through an affiliate. [T.D. ATF-180, 49 FR 31672, Aug. 8, 1984] Sec. 4.61 Definitions. As used in Secs. 4.60 through 4.65 of this part, the term advertisement includes any written or verbal statement, illustration, or depiction which is in, or calculated to induce sales in, interstate or foreign commerce, or is disseminated by mail, whether it appears in a newspaper, magazine, trade booklet, menu, wine card, leaflet, circular, mailer, book insert, catalog, promotional material, sales pamphlet, or any written, printed, graphic, or other matter accompanying the container, representations made on cases, billboard, sign, or othe outdoor display, public transit card, other periodical literature, publication, or in a radio or television broadcast, or in any other media; except that such term shall not include: (a) Any label affixed to any container of wine, or any individual covering, carton, or other wrapper of such container which constitute a part of the labeling under provisions of Secs. 4.30-4.39 of this part. (b) Any editorial or other reading material (i.e., news release) in any periodical or publication or newspaper for the publication of which no money or valuable consideration is paid or promised, directly or indirectly, by any permittee, and which is not written by or at the direction of the permittee. [T.D. ATF-180, 49 FR 31672, Aug. 8, 1984] Sec. 4.62 Mandatory statements. (a) Responsible advertiser. The advertisement shall state the name and address of the permittee responsible for its publication or broadcast. Street number and name may be omitted in the address. (b) Class, type, and distinctive designation. The advertisement shall contain a conspicuous statement of the class, type, or distinctive designation to which the product belongs, corresponding with the statement of class, type, or distinctive designation which is required to appear on the label of the product. (c) Exception. (1) If an advertisement refers to a general wine line or all of the wine products of one company, whether by the company name or by the brand name common to all the wine in the line, the only mandatory information necessary is the name and address of the responsible advertiser. This exception does not apply where only one type of wine is marketed under the specific brand name advertised. (2) On consumer specialty items, the only information necessary is the company name or brand name of the product. [T.D. 6521, 25 FR 13835, Dec. 29, 1960, as amended by T.D. ATF-180, 49 FR 31672, Aug. 8, 1984] Sec. 4.63 Legibility of mandatory information. (a) Statements required under Secs. 4.60 through 4.65 of this part to appear in any written, printed, or graphic advertisement shall be in lettering or type size sufficient to be conspicuous and readily legible. (b) In the case of signs, billboards, and displays the name and address of the permittee responsible for the advertisement may appear in type size of lettering smaller than the other mandatory information, provided such information can be ascertained upon closer examination of the sign or billboard. (c) Mandatory information shall be so stated as to be clearly a part of the advertisement and shall not be separated in any manner from the remainder of the advertisement. (d) Mandatory information for two or more products shall not be stated unless clearly separated. (e) Mandatory information shall be so stated in both the print and audio-visual media that it will be readily apparent to the persons viewing the advertisement. [T.D. ATF-180, 49 FR 31672, Aug. 8, 1984] [[Page 40]] Sec. 4.64 Prohibited practices. (a) Restrictions. The advertisement of wine shall not contain: (1) Any statement that is false or untrue in any material particular, or that, irrespective of falsity, directly, or by ambiguity, omission, or inference, or by the addition of irrelevant, scientific or technical matter tends to create a misleading impression. (2) Any statement that is disparaging of a competitor's products. (3) Any statement, design, device, or representation which is obscene or indecent. (4) Any statement, design, device, or representation of or relating to analyses, standards, or tests, irrespective of falsity, which the appropriate ATF officer finds to be likely to mislead the consumer. (5) Any statement, design, device, or representation of or relating to any guarantee, irrespective of falsity, which the appropriate ATF officer finds to be likely to mislead the consumer. Money-back guarantees are not prohibited. (6) Any statement that the wine is produced, blended, bottled, packed, or sold under, or in accordance with, any municipal, State, or Federal Government authorization, law, or regulations; and if a municipal, State, or Federal permit number is stated, the permit number shall not be accompanied by any additional statement relating thereto. (7) Any statement of bonded winecellar and bonded winery numbers unless stated in direct conjunction with the name and address of the person operating such winery or storeroom. Statement of bonded winecellar and bonded winery numbers may be made in the following form: ``Bonded Winecellar No. ____,'' ``Bonded Winery No. ____,'' ``B. W. C. No. ____,'' ``B. W. No. ____.'' No additional reference thereto shall be made, nor shall any use be made of such statement that may convey the impression that the wine has been made or matured under Government supervision or in accordance with Government specifications or standards. (8) Any statement, design, device, or representation which relates to alcohol content or which tends to create the impression that a wine: (i) Contains distilled spirits; or (ii) Is comparable to a distilled spirit; or (iii) Has intoxicating qualities. However, if a statement of composition is required to appear as the designation of a product not defined in these regulations, such statement of composition may include a reference to the type of distilled spirits contained therein. Further, an approved wine label, which bears the statement of alcohol content may be depicted in any advertising media, or an actual wine bottle showing the approved label bearing the statement of alcoholic content may be displayed in any advertising media. (9) Any word in the brand name or class and type designation which is the name of a distilled spirits product or which simulates, imitates, or creates the impression that the wine so labeled is, or is similar to, any product customarily made with a distilled spirits base. (b) Statements inconsistent with labeling. (1) Advertisements shall not contain any statement concerning a brand or lot of wine that is inconsistent with any statement on the labeling thereof.